Representation of the People Act, 1951:

s. 100(i)(d)(iv)- Election petition -A/legation that change of venue of the polling station was illegal and deprived many voters from exercising their right due to chaos - Declaration sought to the effect that election of the returned candidate from constituency was void and order directing re-polling in the polling station notified be made - Petition dismissed by High Court - On appeal held: Defeated candidate totally failed to prove that the election of the returned candidate was materially affected because of non-compliance with the provisions of the 1951 Act or Rules or orders made under it - Evidence adduced by the defeated candidate does not establish beyond reasonable doubt that about 200 to 300 voters had gone away, without casting their votes when it was found that no arrangements were made for casting votes at the notified place - Non-compliance with the provisions of the 1951 Act and Rules of 1961 was by the officers, in charge of the .conduct of the election and not by the elected candidates - Thus, order passed by the High Court upheld - Conduct of Election Rules, 1961 - r. 15.

s. 100 (i)(d)(iv) - Grounds for declaring election to be void. Result of election of returned candidate whether materially affected because of change of venue of the polling station - Standard of proof to be adopted - Held: It would be proof beyond reasonable doubt or beyond pale of doubt and not test of proof - Election of a returned candidate should not normally be set aside unless there are cogent and convincing reasons - Burden of proving that the votes not cast would have been distributed in such a manner between the contesting candidates as would have brought about the defeat of the returned candidate lies upon one who objects to the  validity of the election - Court has to see whether the burden has been successfully discharged by the election petitioner.

Election Laws - Trial of election petition - Rule of appreciation of hearsay evidence - Application of - To determine whether the result of the election of the returned candidate was materially affected due to change of venue of the polling station - Held: Rule of appreciation of hearsay evidence would apply - Evidence - Hearsay evidence.